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Boulder County officers reveal texts they say were used in planning marijuana robbery

By Alex Burness

Staff Writer

Posted:
02/11/2016 09:54:38 PM MST

Updated:
02/11/2016 10:00:48 PM MST

Garrett Mendes

In testimony Thursday, two Boulder County Sheriff's officials described a November armed marijuana robbery in Sunshine Canyon as having been partially coordinated two weeks in advance via text messages between suspects.

The officers' accounts came at a preliminary hearing for Garrett Lee Mendes and Donna Lee Gritzo, both of whom County Judge Elizabeth Brodsky bound over for arraignment April 8.

The litany of charges facing both defendants stem from a Nov. 10 robbery at a home in Sunshine Canyon, west of Boulder. Police say that a resident of the home, Perry Elder, was pistol-whipped by Mendes and Jason Maseros, who are accused of stealing more than $15,000 of marijuana from Elder, then fleeing east toward Boulder and leading a brief car chase that police called off — for safety reasons, they later said — as the two suspects were heading south in the direction of Golden.

Gritzo, who worked at Elder's grow operation, was arrested at her Longmont home Nov. 30 for alleged co-conspiracy in the incident. She was not present for the robbery and assault, police said, but they believe she helped plan the pot rip-off.

Boulder County Detective Mark Spurgeon testified Thursday about a series of text messages between Gritzo and Meseros.

The texts that Spurgeon read aloud also indicate Gritzo was upset that Elder had not been paying her in a timely fashion, and about unwanted advances.

"Trust me, I have a weiner trying to come at me," Gritzo's Oct. 28 texts continued, Spurgeon said. "Every day I got to beat him off with a (expletive) stick."

Responding to Gritzo's texts about Elder's character and tendencies, records show Maseros texting back, "I'm sure the guy ain't a total retard. He might get spooked."

Gritzo, who appeared in court free on bond, faces nine charges, seven of which are felonies, including aggravated robbery and first-degree burglary.

Mendes, a Loveland resident, is being held at the Boulder County Jail, following his arrest about a week after Maseros was killed. Among his 10 charges are second-degree kidnapping, first-degree burglary, aggravated robbery, first-degree assault, theft and felony menacing.

Donna Lee Gritzo

Though text messages dominated the preliminary hearing Thursday, very few came from Mendes' phone.

One that did, however, indicates Meseros and Mendes communicating about what kind of gun they'd bring to the event.

"Damn, I don't got mine on me. You got the AR?" Boulder County Deputy Jeff Brunkow — who was among the first officials to respond to the Sunshine Canyon home Nov. 10 — testified Meseros sent Mendes, indicating an assault rifle.

"Just my pistol here," Mendes is accused of texting in response.

Brunkow described his understanding of the assault on Elder.

Meseros had ripped off a Loveland Mexican restaurant earlier that morning and was thought to be high on cocaine when he and Mendes drove onto Elder's property just after 9 a.m.

The three were standing in Elder's living room and were prepared to roll a joint, police say, when Meseros pulled out a gun, and Elder rushed into another part of the house to arm himself. Brunkow said Meseros and Mendes followed, Meseros brandishing the weapon and Mendes holding Elder still.

Meseros pistol-whipped Elder four or five times in the face, Brunkow said, adding that the two suspects then tied Elder up with duct tape.

Brunkow continued, saying that the men dragged Elder upstairs. At that point, Elder, having been occasionally muttering to himself in the back of the courtroom, chimed in.

"I'm the victim of the crime, and what's being reported isn't accurate," he shouted, interrupting the testimony.

Brodsky asked that Elder be removed, though he returned several minutes later and remained silent, before leaving permanently midway through testimony, of his own volition.

After about two hours of testimony, the respective lawyers for Gritzo and Mendes briefly implored the judge to consider possible discrepancies. Ben Collett argued that the incident was disorganized, as evidenced by Meseros' cocaine high and the fact that he had to ask for directions to Elder's house on the day of the robbery.

The apparent lack of order, he said, means the prosecution's case against Gritzo is based on "really nothing more than speculation."

Adam Tucker said that there is no evidence that his client, Mendes, assaulted Elder, despite the first-degree assault charge. Prosecutors bit back, saying that Mendes holding Elder still while Maseros attacked was "more than sufficient" justification for the charge.

Brodsky concurred, evidently, though she offered little commentary on her decision to bind the cases over.

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